by Natalie McQuilkin
There are a variety of reasons regarding the desire of many to obtain legal status in the United States. For example, they want to reunite with their family, find better jobs, or escape violence or poverty in their countries of origin. But the path to obtaining legal status is no easy task. It is a complicated journey dotted with many obstacles, such as costly immigration services, long processing times, and stressful interview preparations. Along this complex process lies the hope that there is an easier way to live a safe and comfortable life in the U.S., and scammers have turned this hope into a money-making scheme.
The story of the scammers who target immigrants
For decades, scammers have taken advantage of immigrants hoping to build a safe life in the United States by promising that their business will help immigrants avoid costly immigration services and long wait times. These scammers pose as professionals you can trust, but in reality, they are funneling your money straight into their pockets.
The bipartisan Immigration Reform and Control Act (IRCA) was passed in 1986 and, according to Immigration History, this bill was a “multiple system that provided amnesty for established residents, increased border enforcement, improved employer requirements, and expanded temporary worker visa programs.”.[1] Almost 3 million people received legal status under IRCA, but the bill also led to an explosion of scams. According to the study by Juan Manuel Pedroza, Making noncitizens’ rights real: Evidence from immigration scam complaints, after IRCA was passed, there was an “increase in the demand for legal services” and “given the large number of immigrants seeking to adjust their status, trained legal professionals could not meet the growing demand.” As a result, “Community organizations, ‘lay lawyers,’ and notaries played a fundamental role in helping immigrants prepare for IRCA,” according to the study.
Unfortunately, none of these individuals who posed as qualified professionals were actually legally qualified to help immigrants obtain status. The most prominent scammers during this time period were the “notaries“. In Spanish, this word means “notaries,” and Pedroza explains in his article that “clients who are not familiar with U.S. law generally assume that notaries know more, in part because ‘notario’ is a false cognate commonly understood in Latin America to mean an experienced lawyer.””.[2] As a result, immigrants placed their trust in people they thought were lawyers, only to discover that they had spent thousands of dollars for nothing.
What types of scams are happening now?
Scammers have become more innovative in targeting immigrants in recent years due to social media. In the 2010s, Oswaldo Rafael Cabrera He posed as an immigration lawyer on his social media accounts, advertisements, and even in interviews for Spanish-language news sources, according to Los Angeles Times.[3]Her business promised immigrants green cards and U.S. citizenship, but in reality, she defrauded immigrants out of thousands of dollars. The California Department of Justice reported that in 2017, Cabrera was charged with grand theft, attempted perjury, and conspiracy to violate the Immigration Consultant Act. He was sentenced to five years in prison.[4]
Unfortunately, Cabrera's scheme is not the only one that has stolen thousands of dollars in savings from immigrants. The U.S. Attorney's Office for the District of Nevada discovered that in 2015, an Arizona man named Douglas Thayer created a business called U.S. Adult Adoption Services Inc. that It promised a direct path to U.S. citizenship when U.S. citizens adopted adult immigrants. Thayer specifically targeted Asian and Latino immigrants and made more than $1 million through his scheme.[5] A man named Helaman Hansen created a similar scam that spanned seven different states, according to CBS Sacramento. His company, the Americans Helping America Chamber of Commerce, took advantage of the immigrants from the Pacific Islands, Southeast Asia, and Latin America, promising them that once a U.S. citizen adopted them, they would become citizens a year later.[6] Once a year had passed, those who had bought into the scam realized that these promises were just lies.
Certain scams can create a heavy emotional toll on immigrants because they can also involve the intimate aspects of their lives. For years, Marcialito Biol Benítez, a Filipino citizen living in Los Angeles, ran a business that arranged marriages for immigrants and “staged fake wedding ceremonies,” according to CBS Los Angeles. His company rented wedding venues and even hired ministers to perform the ceremonies so that clients would believe the marriages and ceremonies were legitimate. Benítez also “prepared and submitted false petitions, applications, and other documents to substantiate the sham marriages and ensure the adjustment of the clients” immigration status.” Benítez required his clients to pay approximately $30,000 in cash, and over the course of six years, Benítez acquired more than 600 clients.[7]
Benítez’s scam also exploited the Violence Against Women Act (VAWA), which is a self-petition program for undocumented men and women who have been abused by a U.S. citizen or legal permanent resident spouse. According to the U.S. Attorney’s Office for the District of Massachusetts, “Benítez’s agency would help certain clients—typically those whose spouses did not respond or cooperate—obtain green cards under [VAWA] by claiming that the undocumented clients had been abused by their alleged U.S. spouses.” Benítez’s firm filed fraudulent applications that included temporary restraining orders “based on fabricated allegations of domestic violence.”.[8] In April 2023, Benítez pleaded guilty to conspiracy to commit marriage fraud and immigration document fraud.[9]
Some of the most concerning schemes are those that require a customer to falsely report a crime, which could land them in legal trouble. This type of fraud has been found in companies that encourage customers to request the U visa, which is designed for crime victims in the U.S. who report the crime to the police. The U.S. Attorney's Office for the District of Minnesota found that In 2019, Yuridia Hernández Linares staged a fake robbery and demanded that her clients file false reports with the police, claiming they were victims of the robbery. The victims were supposed to corroborate the other stories. Linares even cut her clients with a sharp object to make it look as though they had been attacked during the “robbery.”. He charged each client $2,000 for the scheme. In 2020, Linares was charged with conspiracy to commit visa fraud.[10]It is important to keep in mind that not all cases of immigration fraud are this extreme. Scams can be as simple as someone impersonating a USCIS officer using an email that appears to be legitimate. Scams can also involve receiving a job offer from a company that seems real.
What are the most common scams?
As of February 2023, the Scams page on the U.S. Citizenship and Immigration Services (USCIS) website identifies the following as the most common scams targeting immigrants:
Government Imposters these scammers pretend to be USCIS officials and often contact immigrants through fake USCIS social media accounts.
Deceptive Offers of Support : These scams involve people who approach immigrants and promise to act as their sponsors in the United States in exchange for money or personal information.
Scams targeting Cuban, Haitian, Nicaraguan, Venezuelan, and Afghan citizens: the Scammers promise to help these foreign nationals get to the U.S. “quickly” in exchange for money and personal information.
Job Openings: Fraudulent companies send emails to immigrants promising them a job in the U.S. They usually demand personal information or money before providing the immigrants with the job in question.
Social media posts and fake emails from USCIS and the U.S. government: There are several social media pages, websites, and email accounts that pose as USCIS or U.S. government accounts when they are not.
Notaries public : These individuals pose as lawyers to provide legal services to immigrants, but they are not authorized to do so.
He claims he has won the diversity immigrant visa lottery: This scam impersonates USCIS and sends emails to immigrants claiming they have won the visa lottery. In reality,, the U.S. Department State administers the Diversity Immigrant Visa, not USCIS, and the Department only sends letters, not emails, if you have been selected.
Scams targeting students Fake colleges or universities target immigrants by promising them an education in the U.S. in exchange for a fee.
Promising “special connections” with the government – These scammers pretend to have “special connections” with USCIS, and because of that, they “guarantee” that immigrants will quickly receive a green card or work permit upon payment of a fee.[11]
How do I protect myself from immigration scams?
Because scammers have been extorting immigrants for decades, it is understandable that you might hesitate to trust someone to handle your case. However, there are several important tips you can keep in mind to protect yourself and your family from scams:
Be careful of fake government websites. All legitimate U.S. government websites end in “.gov”. In addition, I should never have to pay to download immigration forms because all USCIS immigration forms are free.
I should never have to pay to enter the Diversity Visa Lottery. This lottery is free, opens once a year, and winners are chosen at random. The FTC explains that “scammers try to deceive people by charging them money to apply for the program, promising them special access, or promising to increase their chances of winning the lottery.”. The only website where you can apply for the Diversity Visa Lottery is https://dvprogram.state.gov/.
You must never pay for immigration services with a gift card, money transfer, payment app, or cryptocurrency.. The FTC reports that there are several scams targeting refugees, claiming there are “special government grants” they can apply for, but demanding payment through one of these forms so the refugee can submit their application. There are no “special government grants” available, as the scammer claims.[12]
I think I have been scammed, what do I do now?
After spending thousands of dollars and getting nothing in return, many immigrants have to ask themselves a difficult question: And now what?
If you have been the victim of a scam, you should report the problem to the FTC at http://www.reportfraud.ftc.gov/ and also contact local or state authorities.
If you paid a scammer with a credit card, gift card, payment app, or wire transfer, contact the company for the appropriate payment method. If you sent cash by mail, you can contact the postal service as soon as possible to try to prevent the money from being sent to the scammer. If you gave a scammer your personal information, such as your Social Security number, contact the FTC's identity theft website.[13]
You can trust Eagan Immigration
Eagan Immigration was founded a decade ago by attorney Lauren Eagan out of her compassion for the immigrant community and a desire to play a role in its success. Our firm is made up of 10 attorneys from across the United States who bring a wide range of experience and have worked on unusual and complex cases. Since our founding, we have served more than 1,800 clients, and we have won several awards for our work, including rank fourth in the legal sector for the country's fastest-growing companies.
Eagan Immigration is here to guide you through your case, whether you are seeking legal status through VAWA, a T visa, or a U visa. We also offer many other humanitarian and business immigration services. Call our customer service team at (202) 709-6439 or Schedule an appointment today.
ReferencesImmigration Reform and Control Act (IRCA) (1986), History of Immigration, Society for Ethnic and Immigration History, 2019, Immigration Reform and Control Act (IRCA) (1986) – History of Immigration.
Juan Manuel Pedroza, Making the rights of noncitizens real: Evidence from immigration scam complaints, LAW AND POLITICS, p. 46, University of Denver, 2022, Realizing the rights of non-citizens: Evidence from immigration scam complaints (wiley.com).
Jon Healey, Immigration scams are rampant. Here is how to keep from being taken, Los Angeles Times, September 17, 2023, How to Avoid Immigration Scams – Los Angeles Times (latimes.com).Jury convicts Arizona man for fraudulent citizenship scheme targeting immigrant population, U.S. Attorney's Office – District of Nevada, April 20, 2022, District of Nevada | Jury convicts Arizona man for fraudulent citizenship scheme targeting immigrant population | United States Department of Justice.
Federales acusan a un hombre de Sacramento en una estafa de inmigración en varios estados, CBS Sacramento, February 11, 2016, Feds charge Sacramento man in seven-state immigration scam – CBS Sacramento (cbsnews.com).Man pleads guilty to large-scale marriage fraud scheme, CBS Los Angeles, September 27, 2023, Man pleads guilty to large-scale marriage fraud scheme – CBS Los Angeles (cbsnews.com).
KCAL News Staff, Man pleads guilty to large-scale marriage fraud scheme, CBS Los Angeles, September 27, 2023, Man pleads guilty to large-scale marriage fraud scheme – CBS Los Angeles (cbsnews.com).Woman orchestrated a plan to obtain U visas, charged with visa fraud, U.S. Attorney’s Office – District of Minnesota, February 3, 2020, District of Minnesota | Woman Accused of Orchestrating a Scheme to Obtain U Visas, Charged with Visa Fraud | U.S. Department of Justice.
Common scams, U.S. Citizenship and Immigration Services, February 21, 2023, Common scams | USCIS, (last visited: December 14, 2023).
How to Avoid Immigration Scams and Get Real Help, Federal Trade Commission – Consumer Tips, November 2023, How to Avoid Immigration Scams and Get Real Help | Consumer Advice (ftc.gov), (last accessed Dec 14, 2023).
What to Do If You've Been Scammed, Federal Trade Commission – Consumer Tips, July 2022, What to do if you have been scammed | Consumer Advice (ftc.gov), (last accessed Dec 14, 2023).
[1]Immigration Reform and Control Act (IRCA) (1986), History of Immigration, Society for Ethnic and Immigration History, 2019, Immigration Reform and Control Act (IRCA) (1986) – History of Immigration. [2] Juan Manuel Pedroza, Making the Rights of Non-Citizens a Reality: Evidence of Fraud Complaints from immigration, LAW AND POLITICS, p. 46, University of Denver, 2022, Making the rights of non-citizens a reality: Evidence from immigration scam complaints (wiley.com).[3] Jon Healey, Immigration scams are rampant. Here is how to keep from being taken, Los Angeles Times, September 17, 2023, How to Avoid Immigration Scams – Los Angeles Times (latimes.com).[4]Attorney General Xavier Becerra Announces Five-Year Prison Sentences for Oswaldo Cabrera of the International Latin American Coalition for Defrauding Immigrants, California Department of Justice – Office of the Attorney General, February 22, 2017, The Attorney General Xavier Becerra Announces a Five-Year Prison Sentence for Oswaldo Cabrera of the International Latin American Coalition for Defrauding Immigrants | State of California – Department of Justice – Office of the Attorney General.
[5]Jury convicts Arizona man for fraudulent citizenship scheme targeting immigrant population, U.S. Attorney's Office – District of Nevada, April 20, 2022, District of Nevada | Jury convicts Arizona man for fraudulent citizenship scheme targeting immigrant population | United States Department of Justice.
[6]Federales acusan a un hombre de Sacramento en una estafa de inmigración en varios estados, CBS Sacramento, February 11, 2016, Feds charge Sacramento man in seven-state immigration scam – CBS Sacramento (cbsnews.com).[7]Man pleads guilty to large-scale marriage fraud scheme, CBS Los Angeles, September 27, 2023, Man pleads guilty to large-scale marriage fraud scheme – CBS Los Angeles (cbsnews.com). [8]Operator of a large-scale marriage fraud “agency” pleads guilty, U.S. Attorney’s Office – District of Massachusetts, September 27, 2023, District of Massachusetts | Operator of a Large-Scale Marriage Fraud “Agency” Pleads Guilty | U.S. Department of Justice.
[9] KCAL News Staff, Man pleads guilty to large-scale marriage fraud scheme, CBS Los Angeles, September 27, 2023, Man pleads guilty to large-scale marriage fraud scheme – CBS Los Angeles (cbsnews.com).[10]Woman orchestrated a plan to obtain U visas, charged with visa fraud, U.S. Attorney’s Office – District of Minnesota, February 3, 2020, District of Minnesota | Woman Accused of Orchestrating a Scheme to Obtain U Visas, Charged with Visa Fraud | U.S. Department of Justice.
[11]Common scams, U.S. Citizenship and Immigration Services, February 21, 2023, Common scams | USCIS, (last visited: December 14, 2023).
[12]How to Avoid Immigration Scams and Get Real Help, Federal Trade Commission – Consumer Tips, November 2023, How to Avoid Immigration Scams and Get Real Help | Consumer Advice (ftc.gov), (last accessed Dec 14, 2023).
[13]What to Do If You've Been Scammed, Federal Trade Commission – Consumer Tips, July 2022, What to do if you have been scammed | Consumer Advice (ftc.gov), (last accessed Dec 14, 2023).
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